PUTRAJAYA, Sept 14 — A Court of Appeal three-member bench has deferred its decision to a date to be fixed later over the appeal by two non-governmental organisations (NGOs) who were denied leave by the High Court to commence a judicial review to challenge the Selangor state government’s action to degazette Bukit Cherakah as a forest reserve.
Justice Datuk Azizah Nawawi, who chaired the bench, said the court adjourned to another date to give the decision as the matter is of public interest case.
She added that the court will inform the legal team representing the Shah Alam Community Forest Society (SACF) and Pertubuhan Pelindung Khazanah Alam Malaysia (Peka), the assistant state legal adviser Khairul Nizam Abu Bakar appearing for the Selangor State government, State Executive Council, State Forestry Department director and the Petaling Land and Mines Department as well as the counsels for two companies and State Development Corporation (PKNS).
The two other judges were Justices Datuk Azimah Omar and Datuk Wong Kian Kheong.
Peka and SACF’s application to seek leave to commence the judicial review was dismissed by the Shah Alam High Court on November 17, last year.
Peka and SACF sought leave to commence the judicial review to challenge the decision by the Selangor government, the State Executive Council, the State Forestry Department director and the Petaling Land and Mines Department on May 5, last year to degazette 406.22 hectares of Bukit Cherakah forest reserve.
The two NGOs claimed that it was illegal for the Selangor government to backdate a gazette, notifying a decision had been made on the degazettement on November 20, 2000.
They had named the Selangor government, the State Executive Council, the State Forestry Department director and the Petaling Land and Mines Department, YCH Development Sdn Bhd, PKNS and Restu Mantap Sdn Bhd as respondents in the judicial review.
Earlier, the NGOs’ lawyer Rajesh Nagarajan asked the court to grant them leave to commence the judicial review as there were issues to be tried.
He said the National Forestry Act 1984 did not provide the state authority the power to retrospectively degazette the forest reserves, adding that the State Executive Council’s decision is illegal.
Meanwhile, Khairul Nizam appearing for the Selangor State government, State Executive Council, State Forestry Department director and the Petaling Land and Mines Department, said the High Court judge had rightly rejected the leave application.
He said the lands were state land and it was upon the state to dispose in the manner they think fit. He said the burden was on the NGOs to show that the degazettement had affected their right to protect the rainforest and conservation of the Shah Alam community forest but there was no evidence to that effect.
Also representing the NGOs was lawyer Sachpreetraj Singh Sohanpal. Lawyer Ng Ka Choon represented YCH Development, Ganapathi Ramasamy is the counsel for Perbadanan Kemajuan Negeri Selangor and lawyer John Wong Yok Hon represented Restu Mantap. — Bernama
